Trudeau Wades Into Ontario School Strike Debate

Prime Minister Justin Trudeau holds a press conference in Ottawa on Sept. 26, 2022. (The Canadian Press/Sean Kilpatrick)

Prime Minister Justin Trudeau has weighed in on the issue of the Ontario government’s plan to use back-to-work legislation and the notwithstanding clause to stop a pending school strike.

“Using the notwithstanding clause to suspend worker’s rights is wrong,” Trudeau told reporters in Ottawa on Nov. 1.

“Suspensions of people’s rights is something you should only do in the most exceptional circumstances,” said Trudeau, adding that governments should not “overuse” the notwithstanding clause, which would allow the province to override sections of the Charter for five years to stop the strike.

CUPE handed in the required five-day strike notice on Oct. 30. Ontario responded the next day with a proposed bill to force a four-year contract on education support staff threatening to walk off the job as of Nov. 4.

On Nov. 1 the Ford government said it would continue contract negotiations with the union, but will not pause the legislation in the meantime. Ontario Education Minister Stephen Lecce told reporters that the point of the government legislation is to “keep kids in school.”

“And if we’re going to do that, as a lesson learned from the former government, we’re going to do it with all the tools at our disposal to avert a strike and a disruption,” he added.

“Because CUPE refuses to withdraw their intent to strike, in order to avoid shutting down classes, we will have no other choice but to introduce legislation, which will ensure that students remain in class to catch up on their learning,” Lecce said.

Lecce said that the last teacher strike three years ago, plus the school shutdowns caused by COVID-19, were disrupting children’s rights to an education.

On Oct. 31., the provincial government brought forth the “Keeping Students in Class Act,” which is intended to prevent 55,000 provincial education workers in the Canadian Union of Public Employees (CUPE), from striking to get wage increases and other collective bargaining concessions.

The workers do not include teachers, only support staff such as librarians, custodians, educational assistants, adult ESL employees, and early childhood educators.

Walkout

CUPE has said workers across the province will walk off the job on Friday in protest, regardless of any anti-strike bill. The proposed legislation would fine workers $4,000 per day in the event of a walkout.

The main areas of dispute between the union and government are CUPE’s demands for a salary increase of 11.7 percent for support staff. The government has offered a 2 percent annual raise for workers below $40,000 salary and a 1.25 percent raise for others.

Education workers have also demanded double time for overtime hours, more benefits and professional development, and 30 minutes a day for educational assistants as “prep time.”

Various Ontario school boards have told parents that schools will close if there is a full strike, including the Toronto Catholic District.

The Toronto District board said on Oct. 31 that it would close all schools if education workers strike. Halton School District said it is prepared to alternate between in-person and online remote learning for elementary students, but high schools would remain open.

Peterborough Victoria Northumberland and Clarington Catholic boards are among those that have indicated they will move to remote learning.